The Fair Debt Collection Practices Act (FDCPA) ensures that banks and collectors treat debtors with respect when they are trying to collect the money that is owed. The federal government understands that sometimes banks have to be persistent when trying to collect money from debtors but there is a line that should not be crossed. It is important to know that abusive or harassing behavior will not be permitted and can result in legal action if this conduct is found.
When contacting a debtor to collect the money they owe to an institution, you are required to state the name and address of the party you are calling to collect on behalf of. It is important to verify that you are calling to collect legitimate debt so the party you are calling does not think the call is a scam. Of course, you may come across some verbally defensive or combative people when you call to collect money because no one wants to receive a call from a collection company. It is important that you remain calm in this situation and remember that it is unlawful to retaliate with harassment. You are not permitted to use abusive language towards a debtor or defame their character to other credit agencies. In addition, you are not allowed to threaten a debtor with legal action. The FDCPA only permits collectors to call debtors between the hours of 8:00 a.m. and 9:00 p.m. on their personal phone numbers. It is also important to know that calling debtors at their place of employment is not allowed under this act.
If you are a debt collector, it is important that you are aware of the laws to abide by under the Fair Debt Collection Practices Act. If you have been accused of violating this legislation, you will need strong legal representation to put together a defense on your behalf. Contact an experienced creditor’s rights attorney who can fight for you.
The law firm of Mattleman, Weinroth & Miller, P.C., is composed of experienced creditor’s rights attorneys throughout the state of New Jersey. Please contact the office for a free initial consultation and get any questions answered regarding your specific case.